COSTA v. BILLINGSLEY


127 A.D.2d 990 (1987)

Rosa Costa, Respondent, v. David S. Billingsley et al., Appellants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 27, 1987


Order unanimously reversed on the law without costs and defendants' motion granted.

Memorandum:

Defendants' motion for summary judgment dismissing the complaint should have been granted on the ground that plaintiff failed to meet the serious injury threshold of Insurance Law § 5102 (formerly § 671). In support of their motion for summary judgment, defendants submitted the affidavit and report of their physician, Dr. Ehrenreich. Based upon his three...

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